On The Reform Of The Adult Wardship System

The adult wardship is a legal system that is used to help the person who needs special wardship due to mentality, body and intellect. The system came with the Roman law and has lasted for more than 1000 years. As an old system, like other rules that the Roman law prescripts, the system still plays an important role as a criterion in the modern society.In recent years, the adult wardship system has not been able to satisfy the needs of modern society with the trend of global aging, more complexity of modern life and development of social civilization. Therefore, the system has been reformed in major developed countries. There is a common trend about the reform of the adult wardship system in these countries, the law intervents the wardship relationship roundly, more respects the mind of the ward, distinguishes the requirement of the ward more particularly, offer more humanization protect and support to the weaker to ensure they can exert the right offered by the law. The Occident and Japan have abolished the interdiction declaration system and absorbed some new ideas such as protecting the aptitude impediment, respecting the right of making decisions by oneself and maintaining life normalization. These countries also changed and constituted new adult wardship system. All that have been mentioned above indicate the new legislation trend, more respects and protects the human rights.The adult wardship system was constituted in 1986, which can be found in item 16-19 in the general principles of civil law and correlative files in the attitude towards the implementation of the general principles of civil law by the Supreme People's Court. These rules constitute the basic contents of the adult wardship system, which...